NSW Beneficiary Dies Before Deceased Estate is Wound Up - What to Do?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

onyx

Well-Known Member
30 November 2014
22
0
121
My uncle's deceased estate passed to his son. My Uncle's deceased estate had not been wound up before the beneficiary son passed away. I am the main beneficiary of the son.

What would the legal procedure now be?

Thank you.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,036
830
2,894
Sydney
It depends at what stage it was at, what your Uncle's will said, whether or not the son had a will, and what it says.

This, I'm afraid, is a job for a solicitor.
 

bluetongue

Well-Known Member
8 March 2015
32
7
149
How long after your uncle's death did his son die? Usually if it is outside of 30 days in NSW, then the deceased son's estate can receive the son's gift and this gift will be distributed in accordance with the deceased son's will - but read the uncle's will to determine what conditions are placed on the death of his beneficiary.